Bail should be granted when the accused has been in custody for a significant period without substantial evidence against them.

Order :

1. The accused-petitioner has filed this bail application under Section 483 B.N.S.S. arising out of F.I.R. No.374/2024 registered with the Police Station Harmada, Jaipur (West) for offence under Sections 365, 384, 386, 387, 147 & 323 of IPC.

2. Heard.

3. Considered the submissions made at bar and also perused the challan papers.

4. This Court while allowing the bail applications of co-accused namely; Vinod Bavariya, Nanchu Bavariya, Roopsingh Meena, Prathviraj, Pradhan Meena, Sharmila @ Babli Devi vide order dated 30.08.2024, has observed as under:-

"6. After going to the statements of the complainant recorded under Section 161 Cr.P.C ., this Court finds that the statements have been recorded in very casual manner by the Investigating Officer.

7. Having considered the submissions made by counsel for the petitioners, the manner in which the Investigating Officer has been made and so also the allegations levelled against the accused-petitioners and further the fact that the petitioners are in custody since 27.05.2024, this Court without expressing any opinion on the merit and demerits of the case, deems just and proper to enlarge the petitioner on bail"

5. Counsel for the petitioner submitted that the present accused petitioner is not named in the F.I.R. and while submitting the charge-sheet against the accused-petitioner, the investigating was kept pending under Section 173 (8) of Cr.P.C . and later on he has been arrayed as an accused. It is also submitted that the petitioner has been implicated in this case on false and fabricated facts and without there being any cogent evidence.

6. Having considered the over all facts and circumstances of this case and the aforesaid observations made in the bail application of co-accused by which this Court ordered to release them on bail and the fact that the accused petitioner is in custody for last more than twenty days, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the accused-petitioner on bail.

7. This bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court or any other Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.